POORAN Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment of the learned Civil and Sessions Judge, Agra, dated 20 - -9 - -1973, dismissing the appeal filed by' the applicant. The aforesaid appeal had been preferred by the applicant against the order of the Special Railway Magistrate 1st Class, Aligarh, convicting him under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (briefly stated as 'the Act'), and sentencing him to one year's R. I.

(2.) THE case of the prosecution was that on 8th March, 1971, at about 10.30 a.m. when Rakshak Mohan Lal, Rakshak Kedar Singh, Rakshak Mohammad Haleem were patrolling on the down yard of Tundla Railway Station, they found the applicant going stealthily under suspicious circumstances. He was challenged by these persons. The applicant tried to run away, but these Rakshaks succeeded in arresting him. On search, a dynamo belt was found in a bag, which was being carried by the applicant. The Memo (Ext. Ka -1) was prepared thereafter on the spot and the article was sealed, and a report was lodged at 12.10 p.m. on the same day at R. P. F. post Tundla. After investigation, the applicant was prosecuted.

(3.) BELIEVING the case of the prosecution, the Magistrate found that the dyanmo belt found from the possession of the applicant belonged to the Railways, and that the prosecution had succeeded in proving the case against the applicant beyond all reasonable and probable doubts. On this finding, the Magistrate convicted the applicant under Section 3 of the Act and awarded him the minimum sentence of one year prescribed for the offence. In appeal, the conviction and sentence of the applicant were maintained. Hence, this revision.